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An Edmonton businessman has become the first person in Canada to get a jail sentence on a conviction under environmental laws governing the use of carcinogens in dry cleaning.

Ali Eldin, 68, was handed a four-month conditional sentence Tuesday to be served in the community, after pleading guilty to five Canadian Environmental Protection Act offences relating to the use of tetrachloroethylene, which is also known as perchloroethylene or PERC.

Provincial court Judge Janet Dixon slammed Eldin for not complying with federal regulations despite previous warnings and convictions which educated him on the risk to both employees and the public from the use of such “nefarious” and “insidious” chemicals.

“You say you care about your employees and the environment, but actions speak louder than words. PERC is bad stuff,” Dixon said. “You need to go to jail for this.”

However, the judge agreed that Eldin could serve his sentence in the community under house arrest for the first two and a half months and a daily curfew for the balance, saying she believes he will be deterred as a result of the “shame” placed on him and his family.

Eldin, a married father of three who has been in the dry-cleaning business for 29 years, must also perform 60 hours of community service. He was ordered to take out a full-page ad in a national magazine for the dry-cleaning industry, explaining his convictions and sentence.

Court heard Eldin is the owner of First Class Cleaners and also owns and operates several dry-cleaning facilities, including Todd Cleaners at 8905 99 St. The 2013 offences took place at First Class Cleaners, 10050 105 St., which is now only being used as a pickup depot.

Prosecutor Michelle Ferguson told court that tetrachloroethylene is both a water and an air contaminant which is harmful to the environment and to people, and can be hazardous in cases of skin contact or inhalation. She said it is a proven carcinogen for animals and a probable carcinogen for humans.

Ferguson said the regulations require that tetrachloroethylene and its waste water and residue must be stored in closed containers at all times. The chemical can only be used when a secondary containment system is in place and all residue must be taken to a waste management facility within 12 months.

According to an agreed statement of facts, Environment Canada enforcement officers did several inspections at First Class Cleaners in May 2013 and noted that containers with tetrachloroethylene had no covers and there was no secondary containment system being used. The chemical was also found in other areas without secondary containment. As well, waste containing the hazardous chemical had not been shipped out within the 12-month deadline.

Court heard Eldin received warning letters about violations of thetetrachloroethylene regulations in 2005 and 2007. He was fined in both 2009 and 2010 after pleading guilty to related offences.

Defence lawyer Robert Bruce told court that Eldin was guilty of “errors of omission” and said he had been too busy at the time to “properly supervise” his employees.

“He is extremely contrite and quite embarrassed, to say the least,” said Bruce, adding Eldin is now in compliance with the regulations at all of his facilities.

Eldin told the judge he has been working hard to follow the regulations for the past three years and said all of his employees are at Todd’s Cleaners and not exposed to the “dangerous chemical.”

As Advertised in the Edmonton SUN

Edmonton drycleaner first in Canada to get jail sentence for using dangerous chemicals

But judge allows for conditional sentence, not behind bars

An Edmonton businessman has become the first person in Canada to get a jail sentence on a conviction under environmental laws governing the use of carcinogens in dry cleaning.

Ali Eldin, 68, was handed a four-month conditional sentence Tuesday to be served in the community, after pleading guilty to five Canadian Environmental Protection Act offences relating to the use of tetrachloroethylene, which is also known as perchloroethylene or PERC.

Provincial court Judge Janet Dixon slammed Eldin for not complying with federal regulations despite previous warnings and convictions which educated him on the risk to both employees and the public from the use of such “nefarious” and “insidious” chemicals.

“You say you care about your employees and the environment, but actions speak louder than words. PERC is bad stuff,” Dixon said. “You need to go to jail for this.”

However, the judge agreed that Eldin could serve his sentence in the community under house arrest for the